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Madras High CourtWP(MD)/15389/2025disposed of

G.Thiruvengadam v. The Commissioner

2025-07-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. G.Thiruvengadam

2. G.Venkatesan

3. G.Saraswathi ... Petitioners Vs

1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli District.

2. The General Manager,(Tech) and Project Director, NHAI - Project Implementation Unit-Thanjavur, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur - 613004.

3. The General Manager, TNSTC (Kumbakonam) Limited, Periyamilaguparai, Trichy Region, Tiruchirappalli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to shift the Malaikovil Bus Stop situated in front of the petitioners' land comprised in S.No.51/1B1B6 Agaram Village, Tiruveumbur Taluk, Tiruchirappali District, to 1/6

the petitioners' adjacent land comprised at S.No.51/1B1B7A and S.No.51/1B1B8A, Agaram Village, Tiruveumbur Taluk, Tiruchirappalli District, situated approximately at 60 feet from the present Bus Stop so as to enable the petitioners to have the ingress and egress to his land comprised in S.No.51/1B1B6 for the purpose of making construction thereon within the period that may be stipulated by this Court.

For Petitioners : Mr.M.E.Elango for M/s.Ajmal Associates For R-1 : Mr.Kishore Ram for M/s.RB Law Associates For R-2 : M.Su.Srinivasan For R-3 : Mr.K.Ramaiah

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to shift the Malaikovil Bus Stop situated in front of the petitioners' land comprised in S.No.51/1B1B6 Agaram Village, Tiruveumbur Taluk, Tiruchirappali District, to the petitioners' adjacent land comprised at S.No.51/1B1B7A and S.No.51/1B1B8A, Agaram Village, Tiruveumbur Taluk, Tiruchirappalli District, situated approximately at 60 feet from the present Bus Stop so as to enable the petitioners to have the ingress and egress to their land comprised in S.No.51/1B1B6 for the purpose of making construction.

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2. The petitioners are the owner of the larger extent of land situated in Survey No.51/1B1B6 and a portion of the said land is used as a marriage hall, while another portion is intended to be developed by the petitioners for construction of a shopping mall.

3. The contention of the petitioners is that the bus stop situated in front of their land is hindering their ingress and egress to the property.

4. The learned Counsels appearing for the respondents submitted the petitioners had already filed a writ petition in W.P.(MD)No.9890 of 2024 seeking removal of the bus stop. This Court, vide order, dated 09.07.2024, held that the said bus stop is in active use and that the petitioners' claim to the contrary is incorrect. Hence, there is no possibility of removing the bus stop. Thereafter, the petitioners preferred an appeal W.A.(MD)No.192 of 2025 dated 04.02.2025 and the same was dismissed, confirming the said order.

5. The petitioners have now come forwarded with a different plea that instead of removing the bus stop, it may be shifted to a nearby place so that the petitioners would get an access to their land situated in Survey No.51/1B1B6. For which, this Court directed the petitioners to submit a sketch so that the proposal may be considered. Now, the petitioners have come up with a proposal stating the 3/6

bus stop may be shifted in front of the marriage hall, in between the entry and exit of the marriage hall. The said proposal seems to be viable.

6. Therefore, this Court is inclined to accept the petitioners' prayer. The proposal submitted by the petitioners shall form part of this order. The respondents are directed to consider the petitioners' proposal. Since the petitioners have expressed their willingness to bear the cost of shifting the bus stop, the same may be accepted by the respondents. It is made clear the respondents shall consider the petitioners' request positively.

7. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs.

29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6

To:

1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli District.

2. The General Manager,(Tech) And Project Director, Nhai - Project Implementation Unit-Thanjavur, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur - 613004.

3. The General Manager, TNSTC (Kumbakonam) Limited, Periyamilaguparai, Trichy Region, Tiruchirappalli District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 29.07.2025 6/6